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special somewhere else. it was very disturbing. my personal feelings took over. and i said i'm sorry, sir, i can't serve you. >> bob: good for him. >> andrea: you go. there a 5-year-old little boy that the jerk customer said should be sitting somewhere else. special people. you know where that guy should be sitting, i'm so glad i wasn't the server. it would have served him and done something bad to their dinner. >> bob: spit in the dinner and throw it at him. >> greg: bob? >> eric: >> bob: second in command of al-qaeda in arabian peninsula was killed. that is al shafri. in guantanamo and released in 2007. custody of saudi arabia. escaped from there to yemen. he is now dead. good riddance. >> eric: we're number one sign we were making.
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>> greg: that is where he went. disappointed. no virgins for him. >> bob: did you do your own thing? you talked about your show. >> greg: i did. at 11:00. >> dana: you are 11:30 a.m., you are 11:00 p.m. >> andrea: plug this show. tomorrow at 5:00. >> greg: i will. >> bret: a federal appeals court says president obama broke the law when he went around the senate and put liberals on a key government panel. this is "special report." ♪ ♪ good evening i'm bret baier. major setback today for president obama's effort to stack a key government board with like-minded people but without senate approval. chief white house correspondent ed hyperion a federal appeals court say nothing to the president. over picks for the national labor relations board.
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a ruling that could have big implications. >> reporter: as he rolled out dennis mcdonough, president obama hoping for a smooth start to the second term. instead, brushed back by a federal appeals court, rulings wherely he violated the constitution last year. >> it was just a huge massive overstep of executive power. unconstitutional power grab. >> it semis from dramatic election year showdown where the president bypassed the senate and put three picks on the national labor relations board, using the recess appointments on january 4, 2012. power the white house continues to defend vociferously today. >> the decision is novel and unprecedented. it contradicts 150 years of practice by democratic and republican administrations. >> except republicans use pro forma sessions to make sure
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the senate was not really in recess when the president made appointments. g.o.p. senators today hailed the court decision as a mayor victory. >> i think he has been getting ready to exercise a lot of executive overreach. a lot of executive orders. and regulations. try to push the agenda that way. so this really comes at a very, very appropriate time i think. constitution. for the american people. >> white house officials down played it by saying this was just one court and up with case. suit brought by a family owned soft drink business in washington state. channeling the norb demand to enter into a collective bargaining agreement with the labor union. conservatives incyst the case has massive implications. because the supreme court ruled last summer the nlrb must have have at least three people to make rules.
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>> sug august of 2011, and you should the supreme court decision, new process this means all the decisions are void. >> richard cordray installed by the recess appointment on january 4, 2012. conservatives say all of the work is null and void, the white house insists no precedent was set today. >> it has no bearing on richard cordray. as i said, we disagree with it. >> the republicans think the ramifications are massive in terms of the business world. they have expanded powers for unions to get information from employers and forcing them to take the union dues out of paycheck. february the collective bargaining agreement expired. the white house pushes back saying that president bush used the power more.
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the senate cannot stop the po power using session. >> push from immigration on both sides of the aisle. >> mike emanuel reporting that bipartisan group of senators, marco rubio leading an effort in the senate where they are coming around a bipartisan plan. we might see it come to fruition next week. it's important, the president we're told had a meeting today with hispanic caucus. tuesday he is going las vegas. big hispanic population there to give a speech laying out his principles here. bottom line is both parties seem to start to yell behind a plan we might see movement on in weeks ahead. >> bret: we'll follow it. thank you. vice president biden down the road in virginia today. generally pro-gun state, the talk about gun control. see how the round table control in richmond after they worked on gun safety following the shootings at virginia
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tech. there are few subjects more divisive in the last half century than abortion. no day on the californian der that brings pro-life advocates to the like the annual protection against the supreme court ruling that legalized them. >> unadapted by the cold temperatures and threat of snow they came to washington for four decades to instill a culture in life and nation that they say have seen 55 million abortions since the land mark roe v. wade decision was handed down. >> can a nation long endure that does not respect the sanctity of life? >> rand paul's question is backed by stunning numbers. they find four in step unintended pregnancies in the u.s. end in abortion. one-third of american people have an abortion by the age of 45. the procedure is decreasing overall, among poor women are up 18%.
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>> certainly, i'm disappointed in the election. no doubt about that. this is the most pro-death president we have had. >> adding to election year woes, controversial remarks by the pro-life candidate todd akin and murdoch helped doom g.o.p. hope of reclaiming the senate. the sinking poll numbers late last year parallelled the flip-flop in the gallup poll. showing 44% of americans are pro-choice. 40% pro-life. the losses were tempered by gapes at the state level. >> states we got 33 pro-life governors and pro-life legislatures. >> pro-life leaders are buoyed by the roll that science is playing if affirming their view, life begips at conception. medical science acknowledges the child as the newest patient. no question about it. laws are beginning on a state level to recognize the unborn as real person. victim. >> a smaller pro-choice rally
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stood silently as the pro-life group chanted in their direction. >> the marm for life organizers say it gives them scant positive coverage they get the message out. >> they have the biggest social media movement online. educating a million people a week. the facebook at 430,000 is bigger than planned parenthood facebook. >> one organizer admitted the roll given thedy my nicheed power is to block the pro-choice initiative for the next four years while building a new foundation through enthusiastic young supporters. >> keeping pro-life politicians op tight message. >> to that end, a priest told me, "we have to do a better job of teaching our public officials how to speak about this issue." >> bret: doug, the park service stopped doing estimat
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estimates. but you were out there all day. >> huge crowd. it built and built. i have been to several. several hundred thousand people. big crowd. >> bret: thank you. georgia republican senator chambliss says frustration is the reason he won't seek a third term in 2014. he does not see legislation gridlock and partisan posturing changing anytime soon. democrats identified a statement identifying georgia as the party bost pickup opportunity in senate next year. republicans have one more hole to fill. party leaders are calling for big changes in criticizing the recent campaigns with the words like the czar. offense id idiotic. a party committed to change but not necessarily at the top. >> republican national committee chairman reince priebus won a second term and warned g.o.p. leaders around the country to win elections again they need to update the
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message and approach. >> we can stand by the timeless principles. and articulate them in ways that are modern, relevant to the time and relate to believe majority voters. that i believe, how we will achieve the republican renewa renewal. that is how we will grow and win. >> louisiana governor bobby jindal who is considered a 2016 white house contender blamed the g.o.p. recent losses on loose cannons. >> we have to stop being the stupid party. i'm serious. it's time for a new republican party that talks like adults. >> it's no secret we had a number of republicans that damaged the brand with offensive and bizarre comments. i am here to say we have had enough of that. >> he castigateed sin gal messages and slogans that demean everyone. >> we have to stop insulting the intelligence of voters. trust the smarts of the american people swept to stop dumbing down our ideas and stop mindless slogans and tag lines for 30-second ideas. >> priebus identified two mayor priorities. improve the g.o.p. digital and ground campaigns and connect
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with minorities. 2019 exit polls showed democrats won 93% of the black vote. 73% of the asian vote. gipped gipped whose parents immigrated from india capped it in economic terms. >> we must not be the party that protects the well off to keep their toys. we have to be the partie partiet show all americans how they can drive. we are a populist party and should make it clear to everyone american. >> two-time chairman shared his exasperation. >> i think you lose more vote voters by tone, treatment, dignity and respect, how you communicate. a couple of comments from a couple of candidates can change the flavor of how a particular party is seen. >> increasingly the rnc wants to shift it from washington to the state for leadership where
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there are 30 republican governors and 24 all g.o.p. legislators. emphasis and acknowledgment that the republican party having trouble courting from around the country. good g.o.p. candidates seldom come from the nation's capital. >> bret: carl cameron, thank you. sales of new home fell in december but had the best yearly performance since 2009. they were off 7.3% last month. for year, they were up 20%. the market surge continues. dow is up for the sixth straight day. gaining 71 today. having the best january since 1987. s&p 500 finished ahead eight. nasdaq piled on 19. bundle up and staying inside weather in much of the country tonight. sleet and freezing rain caused hundreds of wrecks across north carolina, tennessee, kentucky. much of the region is under
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ice storm warning tonight. >> up next, an illegal approach to foreign aid. that is what some people say about a key federal agency. coughequence™ #8. waking the baby. [ coughs ] [ baby crying ] ♪ [ male announcer ] robitussin® liquid formula soothes your throat on contact and the active ingredient relieves your cough. robitussin®. don't suffer the coughequences™.
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>> bret: the people in charm of taking your tax dollars and sending them overseas may not have been playing by the rules. tonight, catherine herridge with startling allegation of corruption and coverup at the top federal agency. >> at the heart of the investigation, according to documents obtained by fox news, allegations of contract at the senior level of u.s. a.i.d. the government agency that distributes foreign aid. the larger issue is whether the allegation surrounding the $150,000 contract speak to a largeer culture of corruption.
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>> we have to root out waste, fraud and abuse. you have to have integrity in the process. this doesn't look right or smell right. they fixed a constructer the candid tate that best med the requirement was the outgoing financial officer. in a statement to fox, he said the client did not violate a law. adding that justice department reviewed the matter and declineed to initiate a criminal investigation. justice department spokesperson said they cannot confirm or deny existence of any investigation. >> others said how they have the example for clean government. >> we are supposed essential kate them. now annal gation that senior people are manipulating the contract for the personal benefit.
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>> the document a they tried to interfere in an investigation by the watchdog. darrell issa says the interference is disturbing and outrageous. adding internal agency reviews must be independent to be effective. in washington, catherine herridge, fox news. >> bret: a a former c.i.a. officer was sentenced for two-and-a-half years in prison for revealing the name of a covert agent to reporter. they sayion kiriaakous a whistle blower that exposed use of torture. p.c.s say he wanted to be famous. central command chief general james mattis was fired without receiving a phone call from anyone at the white house or the pentagon. we told you monday he was in trouble for questioning civilian officials over the plan for military action against iran. we were told he got the news from the news media while travelling.
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still ahead, changing the way the electoral college elects presidents. what is in the works or could be. first, era of spring is over but the winter of discontent is not.
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>> bret: you are looking live in cairo's tahrir square. right now it's pretty quiet. early in the morning. a few hours ago it was full of activity. not everyone in egypt is happy with what occurred since the arab spring revolution two years ago. many of them voiced displeasure there today. correspondent connor powell tells us things got rough. >> with the years after mass protest brought down hosni mubarak, egypt remains as volatile as ever.
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thousands turned out across the country. antigovernment rallies. dozens were injured in alexandria, suez and cairo. police responded with tear gas and rubber bullets in scenes that are too frequent in the past two years. eegypt is deeply divided with many believing that newly elected mohammed morsi halftimeed the revolution. >> i would like to morsi to drop the brotherhood. become president for all egyptians. egyptians can get rid of you like with the previous leader. >> opposition groups accuse him of being autocratic. they have a national election, but they complain it's anti-democratic.
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>> we want democratic constitution. aside from organizing protest, they have been ineffective to challenge morsi and the muslim brotherhood at ballot box. they lack a leader let alone a policy to turn egypt around. egyptians will elect a new partparliament this spring. they are trying to use the anger to propel the opposition forward. if they can it would mean a significant step forward for egypt's fledgling democracy. >> thank you. activists in syria say at least 80 people died today in fighting nationwide. as syrian forces shell targets itargetsin homs province. this is amateur building to show rocket slamming to building in the rebel held area. this was a major front line in the first year of the revolt. the united nations said today
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the number of syrians who fled to jordan to escape the civil war has doubled this month. with 6,000 coming in the past two days alone. correspondent leland vittert on how jordan is handling the situation. >> reporter: it is as foreboding as beautiful. syrian refugees must cross this to escape the bloody civil war for safety in jorda jordan. >> the syrian government artillery shelled the own villages. it happens all the time, plained the warrior. he told us the orders are to treat the refugees like famil family. >> now the seasonals rescue and transport more than 2,000 a day who made the journey. truck after truck arrived at this jordanian military camp containing refugees from the border. steady stream. this is increasing every day. what strikes you as you watch
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them come off, relief on their face, they are safe now. but also, it's all women and chirp. >> this woman tells me the syrian regime forces jailed her son for protesting and she escaped with her daughter-in-law and two grand kids. we have lost our rights, our houses she explained why showing all her worldly possessions. they if it in two purses. "it's worth it," she says, if one day she can return to free syria. we heard that a lot walking around the largest refugee camp. including from abdel handi and his cousin. both lost their fathers in the war. they carry pictures of the men on their cell phones including this one of a fighter going off to battle. abdel is 21. now that his mother and siblings are safe in jordan he goes back home to fight. i would like to depete the syrian army not only because of my father, he said, "but to venge the blood of millions of syrians." on the horizon, the syrian
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village the civil war rages on. a few miles away is the latest part of the camp that the jordanians are building as breakneck speed. here they build trailers not tent because they think those seeking safety have to stay a while. leland vittert, fox news. >> bret: greek riot police stormed the athens subway train depot before dawn. acting on a government order forcing striking workers back on the job. the move enraged other transportation workers and they immediately began a strike of their own. you know the saying if you love someone set them free and they will come back. that doesn't work well with prison inmates. we'll explain. joe biden has an unusual way of promoting gun control. grapevine is next. look what mommy is having. mommy's having a french fry. yes she is, yes she is.
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and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. ask your rheumatologist about humira, to help relieve your pain and stop further joint damage. >> bret: now fresh pickings from the political grapevine. another case of joe being joe. national journal reports vice president joe biden brought his fight against gun violence to a google plus hangout online. but ended up recommending a gun as protection in a crisis. if you want to keep people away during an earthquake, buy some shotgun shells. adding, "guess what? a shotgun will keep you a lot safer. double barreled shotgun than
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an assault weapon. it's harder to use assault weapon to hit something than is it with a shotgun." the huffington post seems to have changed its mind about goldman sachs in record time. thursday, huffington post and goldman sachs announced they would partner for new initiative aimed to job creation. the washington free beacon reports two days earlier, huff post accused goldman satchs of profitinprofiting from the globd crisis. part of a slide shows entitled ceosthat looked like villains. it showed lloyd blankfine compared to dr. evil. it showed him lying about the proprietary trading. the huffington post called him a vampire squid. two days before i said the new job creation partnership. you can pile this under someone should have seen this
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coming. brazil gave $27,000 minimum security inmates holiday vacation home for good behave. more than 2400 did not return. daily mail note information early 2011 nearly the same number of inmates did not return from their furloughs. officials still think some of the at-large inmates may come back. figuring they are experiencin experiencing, "transportation issues." brazil says those two are recaptured will not be eligible for future furloughs. republicans in several states are considering trying to especially the electoral college playing field a bit getting rid of the winer take all system. correspondent molly henneberg on what difference that could make. [ applause ] >> after twice losing the white house to president obama some republicans are doing some electoral map tinkering. for now just on paper. the 2012 electoral map.
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most states are winer take all in the electoral college. republicans look at interrupts in seven battleground states a wondering if the states should consider divided electoral college votes by congressional district. you win that district, you get an electoral veg vote. if that had been the case in 2019, republican romney would have picked up enough votes in these states to win the white house. a former michigan republican party chairman supports the idea and says a chance to ensure the population centers of the state tonight overwhelming the rest of the state. >> i think there is a lot of people who are frustrated with the current winner take all system. some form of proportionality and fair system is really attractive. >> the rnc chairman reince priebus encouraged states to take a look at the plan. >> it's a state issue. personally, i'm intrigued by it. >> political analyst larry sabato doesn't think the idea will or should go anywhere. >> under this system, if it went national, romney would have won the presidency.
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especially while losing the popular vote by 5 million. i think people have to consider that carefully. what does that mean? you are inviting insur recollection. >> bill now before the senate that would apportion the votes by congressial district but it seems unlikely to pass. florida republican house speaker will weatherford says he opposes any such move. saying i don't think we need to change the rules of the game. we need to get better. >> two states already portion them by congressional district. nebraska and maine. neither political party made a fuss about it because neither of those two states has been considered a swing state in recent elections. >> bret: seems like a long shot. what do you think of the winer take all system? let me know on twitter. follow me.
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deserve even bigger solutions. powerful answers. verizon. this is one case in one court involving one company. so, we disagree with the decision. so i'm not dismissing it as irrelevant. or else we wouldn't make clear the strong disagreement with it. >> since august of 2011, you have not had extreme peb board confirmed by the senate. this means all the decisions are void. any adjudication they handed down or rule-making in that time frame are null and void.
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>> bret: a lot of people in washington think this is a big deal. federal appeals court ruling unanimously the president and the administration violated the constitution last year when they made recession appointments to national labor relations board. now, as you take a look at this, there were three recess appointments made. sharon blot, richard griffin and terrance flynn. they were appointed januar january 92012. since then, there have been 218 board decisions issued. since that time. the implications are and the white house says this is not the case, but the implications are potentially all the decisions by the national labor relations board get thrown out. this case likely headed to the supreme court. supreme court might not take it up. but it is potentially a big deal. we'll explain it on the panel. steve hayes for "weekly
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standard." a.b. stoddard of the hill. syndicated columnist charles krauthammer. charles? >> this is a really important deal, i think. when you heard the press secretary say it is one decision by one court on one case, that is what you always say when you lose. this is the most important of the circuit courts. this is the hugely important decision. first, just psychologically and politically. it's the first setback obama has had. he has been riding high on everything. victory after victory. this is an important setback. it's likely to temper their pension for ruling through executive orders. and by administrative actions. to go around congress. this is a rebuke. saying that we were saying at the time. these are lawless appointments. the senate was not in recess.
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>> bret: explain this. thenate was in a pro forma session. the republicans kept it in pro forma session. they were doing some things. they were moving some things along. some things were moving through. it wasn't a full session. democrats were refuting that. the president said they were re -- the president said they were recess appointments and the republicans said we weren't in recess. >> recess appointments look like a power grab and they are. they use them to slip through controversial nominee the other party opposes. george w. bush did it 171 times. clinton, 139. reagan 243 times. this a practice that they use. they figured out how to make fake sessions to seem like the
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chamber is not in recession. they gavel in for 30 seconds, three hours or gavel out to make it technically not in recess and technically in session. >> bret: president bush didn't move appointments during those times. >> right. >> but president obama did. >> president obama never even nominated the three nlrb appointees. richard cordray had been nominated to the consumer and financial protection bureau before he was a recess appointee. the three board members are not nominated. the white house is aghast and shocked and saying this is executive authority always exercised. it will be again. this is procedural semantics basically. >> bret: sure. but my point is it hasn't been done like this. it hasn't been done like this. >> no. i'm not saying that they are not going to have all the
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decisions of the board undone. and everything -- >> bret: on the senate side, this hasn't been done like this, been pro forma session. you ticked off all the recess appointments but no other recess appointment had been done like this. that is the difference. >> bret: where they were illegitimate sessions. >> this is what the presidency makes. >> i'm not defending their maneuvers, i'm saying this is why -- >> you said they were technically in session. technically is a way of saying legally. >> harry reid is the one who thought this up. this is a keen strategy. i agree. >> bret: bush didn't move any recession appointments in that time. that is what i'm saying. >> the deal is on the administration trying to find a way around a new tactic to oppose the nominees and still get what he thought was a recess appointment. >> bret: i just wanted to explain. >> i'm not defending. i'm explaining. >> bret: what is why i
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interrupted. really in the weeds. >> the law is clear. if you're in pro forma session you're in session. it's prohibited to make these in session. this is black and white and not surprising that the court ruled the way they did. you can trace a long history of this back to the framers. their concerns were the executive power back in the 18th century. these are precisely the kind of things they sought to avoid by abuses of executive power. a strong exective could appoint his friends or political interests to important positions and basically make the policy without advice and concept of the senate. that is what the framers sought to avoid. that is why it won't be upheld. >> the other constitutional principle each house of
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congress establishes its own rules. that is the separation of power. presidency doesn't decide rules of the senate. if harry reid thought of the way of being in session, even though it is technically in session, that is meaning it's legally in session. that is what the courts rule. if you're legally in session the president can commodity make appointments that require advice and concept by not getting advice and concept. >> bret: go beyond that to implications. say you have the 219 rulings by the nlrb, national labor relations board. some of them are big. employers' obligation to collect union dues under checkoff agreement. the decade old precedent that etch ployiers no longer issue discipline unilaterally without pa bargaining. back pay.
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big decisions that the group made essentially some are saying get wiped off or will be challenged the decisions. >> they will be challenged. the administration is caught flat-footed and doesn't know how to proceed except to say this is ridiculous. cordray was renominated. there will be a fight about that and the board's decision because of the court ruling. this is going to divide republicans and president obama further. >> bret: same time, union membership, across the country is off. just this week the numbers look like they are off 4,000. from 2011 to 2019. from 11.8 to 11.3.
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five times of what the private sector is. membership rate down every year since 2008. 14.4 million salary workers and union in 2012 down 1 1.74 million. from a decade ago. voting in 2012, 18% of those who voted belong to household with a union member. 60% of those for president obama. unions overall. >> the numbers will go down further. because of what happened in wisconsin. it doesn't make sense. union members are the government unions to remain and volunteer to pay the union dues when the unions can't clickively bargain on their behalf. they are paying dues for nothing. having seen the success that scott walker has had balancing the budget to 250 many surplus, the other considers around the governor, democrats
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and republicans will look to follow that lead. the union strength and pow her diminish further. >> another blow for them. >> it. and in the private sebbor where the unions flourish in decade after the world ward had no competitors because the allies and enemies were in rubble. the unions enjoy their heyday. now with the international competition if you stay in business and the unions maintain the artificially high wages and tough work rules, in the auto industry, you go bust. that's why union are in decline in private sector. >> bret: next up, friday lightning round.
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>> bret: every week viewers vote for your choice online and the lightning round. it will be lightning. this week, keystone pipeline won with 44% of the vote. back with the panel. steve, nebraska governor approved the route. it's now in the administration's court. what's up? >> good question. he has politicians on both sides of the aisle who approved this thing. you have broad consensus among people living in state that would be effected, this would be good for jobs and good for the economy. yet, you have a president who is still behold on the the energy or environmental lobby who shelved two priest approvals from the state department to block this. i don't think he does it. >> he is under renewed and tremendous pressure to continue to oppose this and reject it outright. but he also does with the
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ambitious plan want some form of energy reform. he is not any kind of cap and trade. energy reform in 2013 or 2015 with the republicans. he knows this is the only way to get it moving to change on this issue. >> he is ride something high politically. we saw at it the inaugural address i find it hard to imagine he will cave to his extreme left on this. knowing what benefit it would bring. now the fig leaf governor that switched and is proposing it is now gone, i expect he will do it. >> bret: huge turn-out on the mall for march for life. prominent speakers out there. >> you are the voice of the voiceless. you are those who stand for love. and a world of death. i have a question for those who don't respect and won't protect life. can a nation long endure that
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does not respect the sanctity of lives? >> a lot of reporters make the fight in the state. >> look, this is a remarkable development. 40 years americans turned out in the freezing cold. today hundreds of thousands because of a decision made by the supreme court. that as ruth bader ginsberg once said prevented a stable resolution of the issue. regardless of how you feel on the issue, this is the worst way to resolve this issue. it was changing at the time. reagan siped the most liberal abortion for, abortion law in country. we would have been today at a point where the states would have worked it out. messy compromise of the patchwork of laws. instead we have a roadblock and people feel they can't effect a decision they ought to effect. that is why you have americans out on the street. it should not be that way. but they are out there
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marching for another 40 years. >> bret: a.b., gallup had 48% of miles per hours pro-choice. 44% pro-life. you have again 33 pro-life governors and lot of state legislatures making moves. >> right. as charles said, everyone will be out on the issue in both sides of the street until kingdom come. the pro-life movement is making meaningful strides. state after state after state. in the legislatures. passing laws with the exception of probably personhood that really significantly reduced the number of abortion that are accessible and available. those who agree with charles, most americans because of the exception of rape and insist in pro-life support abortion in those cases. support legalized abortion. the numbers are changing with the young people. still a majority supporting the legalized abortion. >> bret: numbers of abortions, among poor women
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are up 18%. >> right. but i agree. the proliferation of restrictions we have seen take place throughout the states is not insignificant. testament to people who showed up out there today. despite they won't get coverage. left wing group puts out press release on climate change and has 12 people show up it gets wall-to-wall coverage on network. they have hundreds of thousands and very few people cover it year after year. >> bret: we will. we will continue to. that is it for the panel. stay tuned for okay, an adorable end to the week. and less saturated fat? it's eb. eggland's best eggs. eb's. the only eggs that make better taste and better nutrition... easy. eggland's best eggs. better taste. better nutrition. better eggs.
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